The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-09

Ger OF the road, cognlzaut OF the acci
dent.
Rule 13. Where a railroad crosses q
| highway, the company shall make proper
and easy grades, SO that the road may
be conveniently crossed by such traveI
as usual along such highway, and such
crossing shall be kept in good order by
the railroad.
Rule Ia. All complaints made to the
Railroad Commission, of alleged griey-
ances on account of excessive charges or
| unjust discrimination, or for any viola
tion of the rules and regulations, in
regard to the same, or of the laws relat-
ing to the supervision of railroads, are
required by law to be made in writing,
and they must plainly and distinctly sci
forth the grounds, or several grounds of
complaint, stating and numbering each
cause of complaint.
On July 31st, the following additional
rule was adopted and promulgated as
Rule Is, IN Circular No. "a, viz:
Rule 10. Minimum shipments. No
single shipment is required to be taken
tor a less sum than 25 cents when the
distance is 100 miles or less, or for a
less sum than 40 cents when the dis.
tance is over 100 miles"
And on the Both of August the follow
ing as Rule Is was adopted and issued
as Circular No. 81:
'Rule 10. When rates are fixed by rail-
road companies as authorized by Rule
., such rates or specials as well as other
special rates, shall be filed before pro-
mitigation with the Railroad Commits
sioners."
By Rule 9 we asserted the right TO
regulate the character of freight therein
designated, assuming that the decision
of our own Supreme Court in the case
of the Railroad Commission VS.. The
1azoo and Mississippi Valley Railroad
Company. 81 Miss, p. COZ, and OF the
Supreme Court of the United States in
the cases of Railroad Company VS..
Maryland, Nall 475, Mann VS.. Illinois,
"a U s, l55, the Chicago, Burlington &
Quincy Railroad Company VS.. Iowa, "a
U. 3, los, Wisconsin and st. Paul Rail-
road Company vs. Blake, 81 u. s., $50.
and Peik VS.. Chicago and Northwestern
Railroad Company, 81 u. 8, 164, all
clearly recognized the existence of that
power in the State. In the case of
Stone ct al Railroad Commi issioners VS..
The Yazoo and Mississippi Valley Rail-
road Company, Chief Justice Campbell
delivering the opinion of the court saws !:
Prescribing rates of compensation for
service rendered by railway company
does not appear to us to be regulating
commerce. The right to compensation
is an essential attribute of such corpo-
ration. 1t Is the power to exist Pre-
scribing rates is providing for the exist
ence of the artificial being. 1t is breath
ing into it the breath of life that it may
become living being. The power to
do this belongs to the sovereignty that
may create corporations, and shape their
being, and define their functions. 1t
must be the State" X x
Congress has supreme, and it may be
conceded, exclusive power over com
merce among the several States; and
any attempt of the State to regulate
this commerce or to fetter or burden or
restrict it in any way is unconstitutional
But it is not every thing which may in
cldentally or consequentially affect this
commerce which is to be held void. A
regulation of Interstate Commerce, as
such, is prohibited, but power may be
tegitimately exercised by the State in
many ways over the instruments of
commerce among the States, and not be
Justly condemned. So long as there is
no discrimination against persons and
things carried across the State boun-
Diary, it cannot be said that there is an
unwarranted interference with COM
merce among the States"
In the cases of Peik vs. Chicago and
Northwestern Railroad Company, and
of Laurence VS.. Chicago and North
western Railroad Company, "a u. S.,
the Chief Justice (Waite) delivering the
opinion of the Court held that the Leg
islature of Wisconsin had the power to
prescribe a maximum of charges to be
made for the transportation of persons
or property taken up outside the State
and brought within it, or taken up in
side the State and carried without, the
proposition decided being by the Court
stated thus: "These suits present the
single question of the power of the Leg
lslature of Wisconsin to provide by law
for maximum of charges to be made
by the Chicago and Northwestern Rail-
road Company for fare and freight upon
the transportation of persons and prop
erty carried within the State, or taken up
outside the State and brought 1oitAin IL, or
taken up inside and carried seithout."
During the month of September the
Mobile and Ohio Railroad Company and
the Mississippi and Tennessee Railroad
obtained from Hon. r. A. Hill, Judge
of the u. S. District Court of Missis-
sIppl, inlunctions restraining the Com
mission from the enforcement of Rule 9
and from regulating in any way, or over
any part of their lines, the freight
charges on articles shipped from points
within to points without the State, or
vice versa.
INoTE-These injunetions we're after the Both of
Supreme Court having in October, 1856, in the case
of Wabash, st, Louis aud Pacific Railway Company
VS. Illinois settled the question by divided Court,
HILL
The Commission has been prevented
by reason of the maximum provisions
in the charter of the Louisville, New
Orleans and Texas Railroad, the Yazoo
and Mississippi Valley Railroad and
the Canton, Aberdeen and Nashville
Railroad, from revising the tariff of
charges on these roads except to the
extent of seeing that they were within
the maximum fixed by said charters.
As to the first named road the provis-
ion is contained in an act approved
March Sd, 1882, entitled "An Act to
authorize the Memphis and vicksburg
Railroad Company aud the Mississippi
Valley and Ship Island Railroad Com
pany to effect consolidation"
The Memphis and Vicksburg Company
subsequently, by virtue of this and an
act supplemental thereto, consolidated
with other roads under the name of
Louisville, New Orleans and Texas
Railway Company. The section of the
act of March Sd, 1882, is as follows:
Section 8. Be it further enacted,
That the maximum rates to be charged
by said company for the transportation
of freight and passengers shall not
exceed four cents per mile for each
passenger; sixty five cents per one hun
dred pounds for first and second class
freight for one hundred miles or less
forty five cents per one hundred pounds
for third and fourth class freights for
one hundred miles or less; thirty-two
cents per one hundred pounds for fifth
and sixth class freights for one hundred
miles or less; Provided, That for carry.
ing such articles as coal, iron, lumber
cattle, horses, mules, hogs, sheep and
machinery, the company may make
special rates with shippers per car load
but for similar articles, and from til,
/ same place and for the same distance
others shall have the advantage of tn.
same rates and provided, further, Tha
the company shall not be required Il
charge less than twenty-five cents fo
each passenger, package or parcel"
| The act of the Legislature, passed
| February II, 1882, incorporating tn
Yazoo and Mississippi Valley Railroad
Company, (see acts of 1882, page, S44
by the 8th section fixes the maximum
at cents per mile for passengers, AM
60 cents per hundred pounds for frs
and second-class freight, 45 cents fo
i third and fourth, and 81 cents for fiftl